South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, March 10, 1992

(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Paul wrote to young Timothy (I Tim. 6:6):

"Do You want to be truly rich?

You already are if you are happy and good."
Let us pray.

Our Heavenly Father, we thank You for a word that reminds us that we do not need to be great and wealthy in order to be happy and rich.

Help us to fall in love with being simply good and useful.

Make us constantly aware of the danger that we could lose our sense of values.

In our day when great battles are being fought in the realm of ideas, forbid that we should be indifferent to FAITH IN GOD, and trust in His guidance, and reliance on the spiritual verities that give us a foundation upon which to build our lives... and the lives of our children.

May this minute of prayer find us not only joining in this our corporate prayer... but also... in our secret heart of hearts... searching our souls... and saying "Have mercy upon ME, O Lord."

Amen.

Point Of Quorum

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1406
Promulgated By the Athletic Commission
Modifications and Clarifications
Received By Lt. Governor March 9, 1992
Referred to Senate General Committee
120 day review expiration date July 7, 1992

At 12:05 P.M., on motion of Senator SALEEBY, Senator LAND was granted a leave of absence for today and Wednesday.

PRIVILEGE OF THE CHAMBER

On motion of Senator COURSON, with unanimous consent, pursuant to the provisions of Rule 36, the Privilege of the Chamber to that area behind the rail was extended to Mr. and Mrs. Michael Crisp, guests of Senator HOLLAND.

RECALLED, AMENDED AND READ

H. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senators WILLIAMS and HOLLAND proposed the following amendment (JUD4129.001), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5 in their entirety and inserting therein:

/SECTION 3. Notwithstanding the provisions of Section 7-11-15 of the 1976 Code, for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth.

SECTION 4. Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth.

SECTION 5. Notwithstanding the provisions of Section 7-13-40, Code of Laws of South Carolina, 1976, for 1992 only, the date for primary elections is the fourth Tuesday in August./

Amend title to conform.

Senator HOLLAND spoke on the Bill.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator STILWELL, with unanimous consent, H. 4129 was ordered to receive a third reading on Wednesday, March 11, 1992.

Remarks By Senator HOLLAND

Senator HOLLAND, Chairman of the Subcommittee on Reapportionment and Redistricting, was granted leave to report on the status of Senate, House, and Congressional reapportionment.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1376 -- Senator Bryan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.

Read the first time and referred to the Committee on Finance.

S. 1377 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-67-55 SO AS TO PROVIDE THAT A PERSON MAY NOT BE CHARGED WITH A VIOLATION OF ANY PROVISION OF TITLE 44 IF THE VIOLATION RESULTED FROM THE DEPOSIT OF ANY MANMADE PRODUCTS ON THE PROPERTY OF THE PERSON WITHOUT HIS KNOWLEDGE, AND TO PROVIDE A PROCEDURE FOR THE PERSON TO USE IF HE IS TO AVAIL HIMSELF OF THE PROVISIONS OF THIS SECTION.

Read the first time and referred to the Committee on Judiciary.

S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS --INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.

Senator SETZLER spoke on the Bill.

Read the first time and on motion of Senator SETZLER, with unanimous consent, ordered placed on the Calendar without reference.

S. 1379 -- Senator Wilson: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE TO MR. M. HUNTER TAYLOR, A MEMBER OF THE SURFSIDE AREA ROTARY CLUB, UPON HIS ACHIEVING THE ENVIABLE RECORD OF A FORTY-YEAR PERFECT ATTENDANCE AT WEEKLY ROTARY CLUB MEETINGS.

On immediate consideration, the Senate Resolution was adopted.

H. 4539 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JIMMY BURROWS OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3681 -- Reps. Waites, Wright, Jaskwhich, Sheheen, Beatty, Keesley, Wilder, Short and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS.

Read the first time and referred to the Committee on Judiciary.

H. 4165 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, BROKERS, AND MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4268 -- Reps. G. Brown, Felder, Snow, Bennett and McLeod: A BILL TO AMEND SECTION 56-5-4185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE SIZE REQUIREMENTS.

Read the first time and referred to the Committee on Transportation.

H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

REPORTS OF STANDING COMMITTEES

Senator GIESE, from the Committee on Medical Affairs, submitted a favorable report on:

S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.

Ordered for consideration tomorrow.

Senator THOMAS, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1059 -- Senator Giese: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA ORAL HEALTH TASK FORCE AND ITS RECOMMENDATIONS AND TO COMMEND THE TASK FORCE FOR ITS DEDICATION AND HARD WORK IN ADDRESSING THIS IMPORTANT HEALTH ISSUE.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1098 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1110 -- Senators Lourie, Giese, Passailaigue and Rose: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1070, AND 44-23-1090 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1139 -- Senator Giese: A BILL TO AMEND SECTION 40-43-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACY PERMIT AND RENEWAL FEES, SO AS ALSO TO APPLY THE FEES TO A DRUG OUTLET, TO INCREASE THE FEES, AND TO ESTABLISH A FEE FOR RELOCATION OF A PHARMACY OR DRUG OUTLET.

Ordered for consideration tomorrow.

Senator GIESE, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

S. 1212 -- Senator Bryan: A BILL TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendment report on:

S. 1237 -- Senators Saleeby, Land, Pope, Mullinax, Lourie, Thomas, Martin, Patterson, Bryan, Hinds, Nell W. Smith, Leatherman, Helmly and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-1875 SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAMS AND DEFENSIVE DRIVING COURSES IN VOCATIONAL SCHOOLS; TO AMEND SECTIONS 56-1-30, 56-1-40, 56-1-50, AND 56-1-180, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS, AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE REQUIREMENTS ONE YEAR; TO AMEND SECTIONS 56-1-80 AND 56-1-390, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF LICENSES AND PERMITS, SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAM OR DEFENSIVE DRIVING COURSE CERTIFICATION FOR CERTAIN PERSONS; TO AMEND SECTION 56-5-6540, RELATING TO THE ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO DELETE THE REQUIREMENT OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS BEFORE A CITATION MAY BE MADE FOR THE FAILURE TO WEAR A SAFETY BELT; TO AMEND SECTION 56-23-60, RELATING TO THE MINIMUM STANDARDS AND CONDITIONS OF OPERATION OF LICENSED DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE SCHOOLS TO FOLLOW THE GUIDELINES ESTABLISHED BY THE STATE BOARD OF EDUCATION FOR DRIVER EDUCATION AND TRAINING PROGRAMS; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO PROVIDE FOR THE PROGRAMS TO INCLUDE PERSONS AT LEAST SIXTEEN YEARS OF AGE INCLUDING PERSONS IN PUBLIC AND NONPUBLIC SCHOOLS AND PERSONS NOT ENROLLED IN SCHOOLS, REQUIRE FEES FOR PARTICIPANTS, REQUIRE STUDENTS AT LEAST SIXTEEN YEARS OF AGE TO COMPLETE THE PROGRAM BEFORE RECEIVING A DRIVER'S LICENSE, PROVIDE FOR THE STATE BOARD OF EDUCATION TO ESTABLISH GUIDELINES FOR THE PROGRAMS, AND PROVIDE THE MINIMUM REQUIREMENTS OF THE PROGRAMS.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

S. 1255 -- Senators Macaulay, Peeler and Giese: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.

Ordered for consideration tomorrow.

Senator WASHINGTON, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendment report on:

H. 3049 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.

Ordered for consideration tomorrow.

Senator GIESE, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

Senator BRYAN, from the Committee on Medical Affairs, submitted a favorable report on:

H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Medical Affairs, submitted a favorable report on:

H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator WASHINGTON, from the Committee on Medical Affairs, submitted a favorable report on:

H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Medical Affairs, submitted a favorable report on:

H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1217 -- Senators Martschink, Passailaigue, Setzler, Rose, Giese, Courson and Washington: A CONCURRENT RESOLUTION COMMENDING BART DANIEL, UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA, FOR HIS DEDICATION TO DUTY AND HIS UNCEASING EFFORTS TO RESTORE FAITH IN GOVERNMENT IN THIS STATE, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 1368 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1992, "YORK COUNTY DAY".

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

HOUSE BILL RETURNED

The following Joint Resolution was read the third time, passed and ordered returned to the House with amendments:

H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.

(By prior motion of Senator PASSAILAIGUE, with unanimous consent)

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time was passed and ordered to a third reading:

H. 3040 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

AMENDED AND READ

S. 945 -- Senator Rose: A BILL TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator ROSE proposed the following amendment (RES945.01), which was adopted:

Amend the bill, as and if amended, by striking lines 25 through 35 and inserting in lieu thereof the following:

/Section 44-23-1150. AnyA person having sexual intercourse with or who commits sodomy with a patient or trainee of anya state mental health facility or a state mental retardation facility who, whether the patient or trainee is within the facility or unlawfullyknown to be away from the facility unlawfully, shall beis guilty of a misdemeanor and, upon conviction, shallmust be punished by hard labor on the county chain gang or in the State Penitentiary for a period not exceedingimprisoned not more than twenty years, within the discretion of the court./

Amend title to conform.

There being no further amendments, the Bill was read second time, passed and ordered to a third reading.

AMENDED AND READ

H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.

The Senate proceed to a consideration of the Bill. The question being the second reading of the Bill.

Senator SETZLER proposed the following amendment (EDU4467.01), which was adopted:

Amend the bill, as and if amended, on page 2, SECTION 1, line 27, by striking the word /may/ and inserting the word /must/ in lieu thereof.

Amend the bill further, as and if amended, on page 2, SECTION 1, by inserting after the period on line 32:

/No local match is required on these funds./

Amend title to conform.

Senator SETZLER explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator SETZLER, with unanimous consent, H. 4467 was ordered to receive a third reading on Wednesday, March 11, 1992.

AMENDMENT PROPOSED, CARRIED OVER

H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator LEATHERMAN proposed the following amendment (DKA\3631.AL):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The second paragraph of Section 56-5-4150 of the 1976 Code is amended to read:

"All private motor trucks or truck tractors of more than twenty-foursix thousand pounds gross weight and all for-hire motor trucks or truck tractors shallmust have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions shalldo not apply to two-axle straight trucks hauling raw farm and forestry products. Trucks operating pursuant to Public Service Commission and Interstate Commerce Commission identification rulesthe federal motor carrier safety regulations may operate with the owner's, lessor's, or lessee's name as required by either of these commissions."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

On motion of Senator PEELER, the Bill was carried over.

OBJECTION

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Senator POPE asked unanimous consent to take the Joint Resolution up for immediate consideration.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator POPE explained the amendment.

Senator J. VERNE SMITH objected to further consideration of the Bill.

CARRIED OVER

S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.

On motion of Senator HOLLAND, the Bill was carried over.

S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.

On motion of Senator HINDS, the Bill was carried over.

S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.

On motion of Senator McCONNELL, the Bill was carried over.

H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.

Senator POPE explained the Bill.

On motion of Senator POPE, the Bill was carried over.

S. 1308 -- Senators Nell W. Smith, Mullinax and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

On motion of Senator THOMAS, the Bill was carried over.

S. 953 -- Senator Martschink: A BILL TO AMEND SECTIONS 5-31-2020 AND 6-11-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO ADD ADDITIONAL DEFINITIONS, TO AMEND SECTION 5-31-2030, RELATING TO THE POWERS OF MUNICIPALITIES IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, AND SECTION 6-11-1230, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNING COMMISSIONS OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO FURTHER PROVIDE FOR THESE POWERS INCLUDING ADDITIONAL AND REVISED METHODS OF OBTAINING FUNDING FOR THESE PURPOSES.

On motion of Senator POPE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

OBJECTION, DEBATE INTERRUPTED

S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

Senator SHEALY was recognized to speak on the amendment.

Objection

Senator LEVENTIS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading.

Senator SHEALY objected.

Objection

Senator WILLIAMS asked unanimous consent, with Senator SHEALY retaining the floor, to make a motion that the Bill be carried over.

Senator LEVENTIS objected.

On motion of Senator WILLIAMS, debate was interrupted by adjournment, with Senator SHEALY retaining the floor.

ADJOURNMENT

At 12:55 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.